Court : Kerala
Reported in : AIR2000Ker131
Mohammed, J.1. What is before us is a theme of intense debate involving the use and occupation of forest lands and its inevi-table reaction to ecological balance and environmental outfit. This is brought to us by way of a 'public interest litigation' moved by a registered Society known as 'Nature Lovers Movement'.2. 'Love of nature' is not a modern phenomenon. It existed from the beginning of the humanity itself. 'Man is the measure oi all things.' so said Plato. Man loves nature and nature in turn nourishes him. Man serves society and society in turn preserves him. Nature and society are thus interdependent and the duty of man to them is inherent. These basic percepts envisage the protection of environment and preservation of humanity. But 'For the greenest of environmentalists, humans are oflesser importance than the abundant and diverse flora and fauna of the planet. Humans are defined as a recent addition to the livestock and are considered to have been a wholly disruptive influenc...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009AIRSCW3656; JT2009(5)SC127; 2010(1)MhLJ705(SC); 2009(4)SCALE132; (2009)5SCC373; 2009(4)LC1805(SC)
G.S. Singhvi, J.1. Whether Section 2 of the Forest (Conservation) Act, 1980 (for short 'the 1980 Act') is prospective in operation and whether the Government of Kerala could, without obtaining prior approval of the Central Government grant pattas/lease hold rights to the unauthorised occupants/encroachers of forest land are the questions which arise for determination in this appeal filed against the order of the Full Bench of the Kerala High Court.2. The Indian society has, for many centuries, been aware and conscious of the necessity of protecting environment and ecology. Sages and Saints of India lived in forests. Their preachings contained in Vedas, Upanishadas, Smritis etc. are ample evidence of the society's respect for plants, trees, earth, sky, air, water and every form of life. The main moto of social life is to live in harmony with nature. It was regarded as a sacred duty of every one to protect them. In those days, people worshipped trees, rivers and sea which were treated as...
Tag this Judgment!Court : Kerala
Reported in : 2010(1)KLT546
ORDERM. Sasidharan Nambiar, J.1. Whether the owners of a private property cutting trees from his own property could be prosecuted, is the question to be settled in this petition.2. O.R. No. 19/2009 of Pariyaram forest range was registered under Annexure-A occurrence report in Form No. 1, under Sections 69, 61A, 63 and 52 of Kerala Forest Act, 1961 against the petitioners on the allegation that seven live teak trees and two dry teak trees standing in the private property of petitioners 4 to 8 were cut and made into pieces and transported in KL-06A 5157 mini lorry. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A report contending that when the trees were admittedly standing in the private properties of the petitioners 4 to 8, and were not cut from any forest land, Kerala Forest Act is not attracted and therefore, petitioners cannot be prosecuted for the offences under Sections 52, 61A, 63 and on that sole ground the occurrence report is to be qu...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC3751; (2001)1GLR434; 2000(7)SCALE34; (2000)10SCC664; [2000]Supp4SCR94
B.N. Kirpal, J.1. Narmada is the fifth largest river in India and largest West flowing river of the Indian Peninsula. Its annual flow approximates to the combined flow of the rivers Sutlej, Beas and Ravi. Originating from the Maikala ranges at Amarkantak in Madhya Pradesh, it flows Westwards over a length of about 1312 km. before draining into the Gulf of Cambay, 50 km. West of Bharuch City. The first 1077 km. stretch is in Madhya Pradesh and the next 35 km. stretch of the river forms the boundary between the States of Madhya Pradesh and Maharashtra. Again, the next 39 km. forms the boundary between Maharasthra and Gujarat and the last stretch of 161 km. lies in Gujarat.2. The Basin area of this river is about 1 lac sq. km. The utilisation of this river basin, however, is hardly about 4%. Most of the water of this peninsula river goes into the sea. Inspite of the huge potential, there was hardly any development of the Narmada water resources prior to independence.3. In 1946, the then G...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC3592; JT1997(8)SC201; 1997(6)SCALE210; (1997)8SCC360; [1997]Supp4SCR222
ORDERB.N. Kirpal, J.1. The common question which arises for consideration in these appeals on special leave being granted, is about the validity of the Bihar Forest Restoration and Improvement of Degraded Forest Land Taxation Act, 1992 (hereinafter referred to as the 'said Act'). The Patna High Court, on writ petitions having been filed by the respondents in these appeals, having upheld the challenge to the validity of the said Act, the State of Bihar has filed these appeals challenging the correctness of the High Court's decision.2. The facts which are essential for the decision of these appeals are similar and lie in a very narrow compass, therefore, it is not necessary to refer to the facts of each case. It will be sufficient to refer to the facts in the appeal pertaining to Indian Aluminium Company Ltd. The said company, like all the respondents, had been granted by the State of Bihar leases for different areas under the provisions of Mines and Minerals Regulation Act, 1957. These ...
Tag this Judgment!Court : Supreme Court of India
1. Lafarge Surma Cement Ltd. (`LSCL' for short) is a company incorporated under the laws of Bangladesh. It has set up a cross-border cement manufacturing project at Chhatak in Bangladesh, which inter-alia has a captive limestone mine of 100Ha located at Phlangkaruh, Nongtrai, East Khasi Hills District in the State of Meghalaya. The mine is leased out in favour of Lafarge Umium Mining Pvt. Ltd. (`LUMPL' for short), which is an incorporated company under the Indian Companies Act, 1956 and which is a wholly owned subsidiary of LSCL. The entire produce of the said mine is used for production of cement at the manufacturing plant at Chhatak, Bangladesh under the agreement/arrangement between Government of India and Government of Bangladesh. There is no other source of limestone for LSCL except for the captive limestone mine situated at Nongtrai, East Khasi Hills District in the State of Meghalaya. The limestone as mined by LUMPL is conveyed from the mine situated at Nongtrai after crushing i...
Tag this Judgment!Court : Guwahati
K.N. Saikia, J. 1. The Government appeals from the judgment acquitting the respondent of charges under Sections 24/25,of the Assam Forest Regulation, 1891 (shortly, 'the Regulation').2. P. W. 1-Shri Haren Barua, a Forester, accompanied by P. W. 2-Abdul Kuddus, Forest Beat Officer; P. W. 3-Frofulla Chandra Bora, Game Watcher, P. W. 4-Hemendra Phukan, Game Watcher; and Sri Ghana Kanta Gayan, Range Officer (not examined), visited Roumari area of Panpur Reserved Forest and found the respondent growing mustard over ten bighas of reserved forest land. The Range Officer arrested the respondent on his failure to produce any document on demand, seized the mustard seeds; and, after investigation of the case by P. W. 1, offence report was submitted through the Divisional Forest Officer of Darrang District, on receipt whereof charges under Sections 24/25 of the Assam Forest Regulation were explained to the respondent who pleaded not guilty.3. The prosecution examined four, while defence examined...
Tag this Judgment!Court : Mumbai
Reported in : AIR1978Bom119; (1977)79BOMLR499
Tulzapurkar, Ag. C.J.1. These petitions raise common questions as to constitutional validity of the Maharashtra Private Forests (Acquisition) Act, 1975, being Act No. 29 of 1975, as amended by Act No. 72 of 1975. The constitutional validity of the said Act has been mainly challenged on three grounds: (a) that the State Legislature of Maharashtra lacks legislative competence to enact the measure, particularly Section 3 thereof, to the extent to which it purports to vest in the State Government the 'forest produce' while acquiring all private forests in the State, (b) that the said enactment, particularly Sections 3 and 5 thereof, contravene the freedom of trade, commerce and intercourse guaranteed under Article 301 of the Constitution and (c) that the enactment, particularly Section 3 thereof, which purports to acquire not merely of mines and minerals, major as well as minor but also mining leases, licences and other rights in mines and minerals conflicts with and trenches upon the occu...
Tag this Judgment!Court : Mumbai
Reported in : 2008(3)ALLMR546; 2008(3)BomCR408; (2008)110BOMLR951
S.C. Dharmadhikari, J.1. On 21st March, 2008, we observed world 'forest' day. On 23rd March, 2008 in Maharashtra we observed 'Tukaram Beej'. That is the day on which Saint Tukaram, a Seventeeth Century Poet, regarded by many as the greatest in Marathi language, left for his Nirvana. Eachone of us has forgotten his apt remark and observation regarding a forest, the Trees and the creatures. He says:Trees, creepers and the creatures of the forest Are my kith and kin And birds that sweetly sing This is bliss! How I love being alone! Here I am beyond good and evil Commit no sinThe sky is my canopy, the earth my throne. My mind is free to dwell wherever it will. A piece of cloth, one all purpose bow! Take care of all my bodily needs.The wind tells me the time. Translated from original Marathi by Dilip Chitre, Penguin Classics, 1991.Reciting these lines today is like talking of other world. At least, the land owners and all those claiming through them think so. We rest here and say nothing mo...
Tag this Judgment!Court : Mumbai
Reported in : 2004(1)BomCR24
C.K. Thakker, C.J.1. Writ Petition No. 1052 of 1998 is filed by the State of Maharashtra against respondent No. 1 for an appropriate writ, direction or order quashing and setting aside the order passed by the Maharashtra Revenue Tribunal in Appeal Forest-3 of 1997 wherein it was held that the land in question is neither 'forest' nor 'private forest' within the meaning of the Maharashtra Private Forests (Aquisition) Act, 1975 (hereinafter referred to as 'the said Act'). A prayer is also made to set aside the order passed by Sub-Divisional Officer, Bombay Suburban District dated 23rd April, 1985 under section 6 of the said Act. A declaration is sought to the effect that the land bearing Survey No. 345-A situated at village Dahisar is 'forest' and 'private forest' under the Act and as such the land stands acquired and vested in the State of Maharashtra.2. It is the case of the petitioner-State that the land in question was part of original Survey No. 345. Survey No. 345 was admeasuring ab...
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